Unlike most other books in the field, which slant toward either policyholder
or insurer counsel,
Stempel on Insurance Contracts takes an
even-handed nonpartisan approach, making it useful to attorneys from all
sides. Moreover, it's designed for practitioners from all professional
backgrounds and insurance experience. Written in clear, jargon-free language,
it covers everything from the basic insurance concepts, principles, and
structure of insurance policies to today's most complex issues and disputes.
The author, Jeffrey W. Stempel, is a well-known authority on the law of
insurance coverage. This new Third Edition of Stempel on
Insurance Contracts is up to date on every aspect of its subject.
This one-stop resource is practice-oriented and packed with practical
guidance. After providing information about insurance contracts and issues in
general, it focuses on specific types of policies and coverage such as
property coverage, excess and umbrella coverage, and reinsurance, plus such
vital areas as employment, defective construction, and terrorism claims...D&O
liability...ERISA...computer and cyber losses...bad faith litigation...and
much more. Plus, you'll find extensive examination of the commercial general
liability (CGL) policy, the type of insurance involved in most major coverage
cases. Among the most important CGL issues covered in Stempel on
Insurance Contracts are:
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Pollution-related coverage
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Trigger of coverage
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Apportionment of insurer and policyholder responsibility
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Business risk exclusions
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Coverage under the "personal injury" section of the CGL
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Coverage under "advertising injury"
Nowhere else will you find so much valuable current information, in-depth
analysis, sharp insight, authoritative commentary, significant case law, and
practical guidance on this critically important area. With its clear
explanations and thorough, even-handed coverage, Stempel on Insurance
Contracts is unlike any other resource in its field.
PART I - THE LAW OF INSURANCE COVERAGE: BACKGROUND, BASICS, THEORY, AND
DOCTRINE
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Core Insurance Concepts Affecting Insurance Contract Interpretation
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The Nature of Coverage Litigation, The Structure of Insurance Regulation, and
the Insurance Policy
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Formation and Termination of the Insurer-Policyholder Relationship
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Contract Construction Principles and Methodology
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Waiver, Equitable Estoppel, and Detrimental Reliance in Insurance Contracts
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Agents, Brokers, and Intermediaries
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Efficient Proximate Cause: Causation and Insurance Contracts
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Valuation of Losses
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Obligations of Insurer and Policyholder: Notice; Cooperation; Duty to Defend;
Duty to Settle
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The Duty of Good Faith and Fair Dealing; Bad Faith Litigation
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Subrogation
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Insurer Insolvency and Liability Claims
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Coordination of Coverage and Allocation of Insurer and Policyholder
Responsibilities
PART II - SPECIFIC POLICIES AND ISSUES IN THE LAW OF INSURANCE COVERAGE
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Commercial General Liability Insurance
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Property Insurance
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Excess and Umbrella Insurance Coverage
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Reinsurance Coverage
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Life Insurance
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Directors and Officers Insurance
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ERISA and Insurance Coverage
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Insurance Coverage and Employment Claims
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Other Insurance Products and Issues
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Insurance Coverage for Computer, Electronic, and Cyber Losses
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Insurance Issues Involving September 11, War, and Terrorism
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Coverage for Defective Construction Claims